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HomeMy WebLinkAboutC2010-198 - 6/15/2010 - ApprovedFage 1 of 2 ACCEPTANCE QF LEASE ASSIGNMENT AND AMENDMENT ND. 1 TQ THE LEASE AGREEMENT WITH TRT HQTEL COMPANY, L.L.C. THIS ACCEPTANCE ~F ASSIGNMENT AND AMENDMENT ND. 1 to the Lease Agreement is made and entered into this 15th day of June, 201 ~, by the City of Corpus Christi, a municipal corporation and political subdivision of the State of Texas, ("City" or "Lessor"} and Omni Hotels Management Corporation ("Lessee"}. Whereas, the City of Corpus Christi previously entered into a Lease Agreement ("Lease Agreement") with TRT Hotel Company, L.L.C., approved by City Council on March 10, 2009, under Ordinance No. 028089 which authorized use ^f City property including the McGee Beach concession facility building (Premises"}; Whereas, TRT Hotel Company L.L.C. has merged with and into Dmni Hotels Management Corporation which requests approval ^f assignment of the Lease Agreement; Whereas, the City and Dmni Hotels Management Corporation desire to amend the Lease Agreement; NOW, THEREFORE, THE PARTIES AGREE AS FDLLaWS: 1. Dmni Hotels Management Corporation accepts the assignment of the Lease Agreement, and agrees that it and its successors and assigns, shall be bound by and shall comply with all of the duties, liabilities, terms and provisions thereof. 2. Section 7 of the Lease Agreement is revised to read as follows: "Section 7. Hours ^f Operation. Each year by January 31, Lessee shall submit its proposed schedule of operation ^f the Premises for Spring Break Ipre-summer season tv Parks Director for approval. Each year by April 15, Lessee shall submit its proposed schedule of operation of the Premises for summer season to Parks Director far approval. At a minimum for the Spring Break Ipre-summer season (March through next to last weekend in May), Lessee shall operate the Premises each Friday, Saturday and Sunday from noon to 6 p.m. At a minimum for the summer season (Memorial Day weekend through Labor Day weekend}, Lessee shall operate the Premises each Friday, Saturday, and Sunday from noon to 6 p.m. City Parks Director may require Lessee to staff the Premises to make restrooms available tv the public outside of Lessee's approved schedule hours of operation far the concession, for credit ^f $10.00 per hour towards Lessee's rental payment, not to exceed credit of $600.00 per month. The hourly credit rate shall be adjusted to match Lessee's annual wage schedule for the Lessee employee position who is assigned by Lessee to staff the restroom, upon sixty days advance written notice to Parks Director. However, no credit shall be provided far any day that Lessee opens concession for business." 2Q10-198 Res. X28642 Q6115110 TRT Hotel Co. INDEED Page 2 of ~ 3. All other terms and conditions of the preciously executed Lease Agreement which are not inconsistent herewith shall continue in full force and effect. E~ECLITED IN DUPLICATE ORIGINALS this day of ~ , 2010, by the authorized representative of the parties. City of Corpus Christi, Texas r ` g R,Escabar ity Manager :~~ ~ ~ Apprv~ed as to legal form this ~~ day of ~""'`~ , 2010: ~,~liY7 r Lisa Aguila , ssistant City Attorney °~r' ~~~]0 ~~- For the City Attorney cm~ S~cR~~wy Omni Hotels Management Corporation 13y: Name: Title: ~Y . ~~ ~~~~ C~~0.1 L'oU'~]~ Date: ~?~]'L1P~~ , _ 1 [~ _